Divorce Laws Online   An online resource guide for Divorce laws in the US.
This website is intended as an informational website only, not as a legal resource.

Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse.

It can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support or Alimony, child custody, child support, and distribution of property.

In many developed countries, divorce rates increased markedly during the twentieth century. Among the states in which divorce has become commonplace are the United States, South Korea, and members of the European Union, with the exception of Malta (where all civil marriages are for life, because civil divorce is banned). In the USA, Canada, the United Kingdom, and some other developed Commonwealth countries, this divorce boom developed in the last half of the twentieth century.

This website contains Divorce Laws for all 50 states as well as resource articles, terms and definitions and information on divorce in the US. Links for individual states are below.

• Absolute Divorce
  An absolute divorce, is a judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony in which both parties' status becomes single again.

   

• Limited Divorce
  Several state jurisdictions' statutes authorize limited divorces. The consequences of limited divorces vary from state to state. Typically, a limited divorce is commonly referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.

   

• No Fault Divorce
  No fault divorce law eliminates requirement of "proof of fault" by providing for the dissolution of a marriage on a finding that the relationship is no longer viable.

In addition, acceptance of the single-parent family has resulted in many women deciding to have children outside marriage, as there is little remaining social stigma attached to unwed mothers in some societies. Japan retains a markedly lower divorce rate, though it has increased in recent years. The subject of divorce as a social phenomenon is an important research topic in sociology.

A divorce must be certified by a court of law, as a legal action is needed to dissolve the prior legal act of marriage. The terms of the divorce are also determined by the court, though they may take into account prenuptial agreements or postnuptial agreements, or simply ratify terms that the spouses have agreed on privately. Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful (and expensive) litigation. A less adversarial approach to divorce settlements has emerged in recent years, known as mediation, an attempt to negotiate mutually acceptable resolution to conflicts.

Continue to Alabama Divorce Laws

Awarding Legal Fees in Divorce
By Maury D. Beaulier

Awards of Legal Fees

As you may already know, divorce proceedings can span months and even years.  Complicated cases and even seemingly simple cases may take on a life of their own increasing legal fees related to the proceedings.  As a result, one of the most common questions in a divorce is how does one pay their legal fees. 

 Use of Assets

It is generally acceptable for  parties to liquidate marital assets in order to pay their legal fees. that use of assets must be disclosed as part of the divorce proceedings and may generally be considered an advance against any future property or financial settlements as part of the divorce. 

 Awards of Legal Fees

 In some cases, liquid assets do not exist or are inaccessible to one party making it impossible to use an asset to pay legal fee retainers or monthly legal fees. . In such cases, a party may seek an award of legal fees from the other party.

 At any point in a dissolution, a Court may also require one party to pay all or a portion of the other party's legal fees.  The Court can award attorney's fees on one of two basis:

• Need Based
• Fault based

Need based legal fees may be awarded in an amount necessary to enable a party to carry on or contest the proceeding, provided that the Court finds:

1. that the fees are necessary for the good-faith assertion of the party's rights in the proceeding and will not contribute unnecessarily to the length and expense of the proceeding; 

2. that the party from whom fees, costs, and disbursements are sought has the means to pay them; and

3. that the party to whom fees, costs, and disbursements are awarded does not have the means to pay them.

Fault based fees may be awarded if the Court finds that one party has contributed unreasonably to the length and delay of the legal proceedings and thus increased the fees, costs, and disbursements related to the proceedings.  Some examples of delays where fees are awarded may include:

1. A failure of one party to provide complete and necessary discovery responses;

2. Filing of repeated or frivolous motions;

3. Failure of a party to appear in court;

4. Failure of a party to file necessary and required court documents (this varies from State to State);

5. Acts by a party that create additional legal costs (eg. hiding, selling or dissipating assets, damaging property, incurring unnecessary debt in the other party's name, harassment of a party, abuse).
   
                       INDIVIDUAL STATE LAWS ( Click Below for your State. )